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David P. Hersh

David P. Hersh


Dave Hersh is a civil trial lawyer with the skill, passion, and experience to win your case. When your business or health is on the line, Dave is the advocate you want in your corner, fighting for you. For more than 35 years Dave has focused his practice on civil trial work. Dave thrives on handling complex civil cases, presenting them simply, effectively, and persuasively to a jury. Dave has tried well over 100 civil jury trials to verdict and has “tried” scores of civil arbitrations and bench trials to their conclusion, with an outstanding “win” record in all venues. Dave has dedicated his life to advocating for others in their time of need.

Dave is the practice group leader of the business and commercial litigation department of Burg Simpson. He focuses his practice on complex commercial matters involving contract disputes, breach of fiduciary duty, ownership disputes, construction matters, “bet your company” litigation, COVID-19 Business Interruption Claims, and professional negligence. Admitted to practice before the United States, Colorado, and Wyoming Supreme Courts, as well as numerous Federal Courts, Dave has tried civil jury trials to verdict throughout the United States. In addition, he has served as lead counsel in a substantial number of complex commercial litigation cases as well as a number of catastrophic personal injury cases, including cases involving claims for brain injury, paraplegia/quadriplegia, severe burns and disfigurement, and limb loss. Dave has handled a number of “toxic torts”, including being appointed class counsel for more than 65,000 residents of Colorado Springs to redress contaminated groundwater.

A skilled and experienced trial lawyer, Dave excels in the courtroom, expertly handling all aspects of litigation through his creative problem solving, persuasive communication, and outstanding analytical skills. He believes that the benchmark of his success comes from his passion for the law and steadfast mission to be the best advocate possible for his clients.

“If you can’t explain it simply, you don’t understand it well enough.” 

Albert Einstein

Bar Admissions

  • U.S. Supreme Court
  • Colorado Supreme Court
  • Wyoming Supreme Court
  • U.S. Court of Appeals, 5th Circuit
  • U.S. Court of Appeals, 8th Circuit
  • U.S. Court of Appeals, 10th Circuit
  • U.S. District Court, District of Colorado
  • U.S. District Court, District of Wyoming
  • U.S. District Court, District of Arizona
  • Wind River Tribal Court

Honors & Accolades

  • AV Preeminent Rating®, Martindale-Hubbell
  • AVVO®, Highest Distinction of Superb, 10.0 Attorney Rating
  • Best Lawyers in America®
  • Best Lawyers® 2013 – 2024:
      • “Lawyer of the Year,” Professional Malpractice Law – Plaintiffs, Denver, 2022
      • “Lawyer of the Year,” Legal Malpractice Law – Plaintiffs, Denver, 2014 and 2016
      • Commercial Litigation
      • Product Liability – Litigation
      • Construction – Litigation
      • Construction Law
      • Legal Malpractice Law – Plaintiffs
      • Professional Malpractice Law – Plaintiffs
      • Personal Injury Litigation – Plaintiffs
  • Recipient of the Charles B. Dillion Award of Merit for Outstanding Public Service, Arapahoe County Bar Association, 2021
  • Law Week Colorado, Barrister’s Best Awards:
      • People’s Choice: Best Personal Injury Law Lawyer for Plaintiffs, 2022
      • People’s Choice: Best Class Action/Mass Tort Lawyer for Plaintiffs, 2021
      • Barrister’s Choice (Editorial Selection): Best Class Action/Mass Tort Lawyer for Plaintiffs, 2020
      • People’s Choice: Best Corporate Law Lawyer, 2018-2019
      • People’s Choice: Best Commercial Litigator, 2015
  • Litigation Star, Benchmark Litigation:
      • United States – Plaintiff, Mass Tort/Product Liability, 2013
      • Colorado – Plaintiffs, 2013
  • U.S. Legal 500, 2012 and 2013
  • The National Trial Lawyers:
      • Top 100 Attorney, Civil Litigation
      • Top 25 Brain Injury Trial Lawyers
      • Top 25 Class Action Trial Lawyers
      • Top 10 Insurance Bad Faith Trial Lawyers
      • Top 10 Business Tort Trial Lawyers
  • Colorado Super Lawyers®:
      • Top 100 Super Lawyers® for Business Litigation, 2021
      • In 2015, David P. Hersh attained the “Top Ten” status by Colorado Super Lawyers. He is one of only fifteen Colorado attorneys who has received this distinction.
  • 5280 Magazine Top Lawyer
      • Civil Litigation
      • Commercial Litigation
  • America’s Top 100 High Stakes Litigators®America’s Top 100 Bet-The-Company Litigators®
  • Order of the Barristers


  • B.S., 1981, Bob Jones University, Accounting and Public Speaking
  • J.D., 1983, Wake Forest University School of Law

Professional Affiliations

  • Project Participant, Colorado Supreme Court Well-Being Recognition Program for Legal Employers Pilot Project
  • President, The National Trial Lawyers’ Business Tort – Top 10 Trial Lawyers Association
  • Senior Fellow, Litigation Counsel of America
  • Fellow, Colorado Bar Foundation
  • Past President, Arapahoe County Bar Association (ACBA)
  • Fellow, Arapahoe County Bar Association Foundation
  • Executive Board Member, Business Torts Trial Lawyers Association
  • Past Chair, United States District Court for the District of Colorado Committee On Conduct
  • Board of Directors, CLE Colorado (Former)
  • Board of Governors, Colorado Bar Association (Former)
  • Colorado Bar Association Ethics Committee (Former)
  • President, The National Trial Lawyers’ Insurance Bad Faith – Top 10 Trial Lawyers Association (Former)


American Board of Trial Advocates (ABOTA)

Roster of Neutrals, American Arbitration Association

Colorado Bar Association Nominating Committee (former)

Colorado Supreme Court Task Force for Lawyer Well-Being

University of Wyoming College of Law Dean’s Advisory Board

University of Wyoming President’s Society

Federal Bar Association

Member and Presenter, Faculty of Federal Advocates (FFA)

Colorado Bar Association (Litigation, Products Liability and Tort Law Sections)

Wyoming Bar Association

The National Trial Lawyers (NTL)

Colorado Trial Lawyers Association (CTLA)

Wyoming Trial Lawyers Association

Diversity Law Institute (DLI)

American Society of Legal Advocates (ASLA), 2014-2019

American Association for Justice (AAJ)

Trial Law Institute (TLI)

Community Involvement

  • David Hersh is actively involved in the community through pro-bono work and various non-profit organizations, including service on their boards.
  • Faculty Member, University of Wyoming College of Law Summer Trial Advocacy Institute
  • Dean’s Advisory Board Member, University of Wyoming College of Law
  • Trial practice lecturer, University of Wyoming College of Law
  • Active supporter and team leader for the Craig Hospital “Pedal 4 Possible,” raising funds to support rehabilitation at Craig Hospital
  • Committee Member, Craig Hospital PUSH for a Cure Committee (former)
  • Active in the Brain Injury Alliance of Colorado (including presentations)
  • Guest Instructor in trial tactics for the American Bar Association-sponsored National Institute of Trial Advocacy (NITA) School
  • Featured speaker at numerous educational events, including the Colorado Trial Lawyers Association Trial Lawyers College
  • Former Member of the Board of Trustees, Legal Aid Foundation of Colorado
  • Member Emeritus of the Board of Directors, Colorado Judicial Institute (CJI)
  • Fellow Emeritus of the Arapahoe County Bar Foundation
  • Fellow Emeritus of the Colorado Bar Association Foundation
  • Service on the Judicial Facilities Review Commission, Arapahoe County Bar Association

Publications & Media

Lectures & Seminars

  • “Professionalism and Expert Witnesses — Best Practices for Keeping You and Your Expert on the Right Side of the Ethical Line, While Still Advancing Your Client’s Very Best Case”, Colorado Litigators’ Summit, September 25, 2020
  • “Managing and Proving the Complex Brain Injury Case” – The Colorado Trial Lawyers Association (CTLA) Annual Convention, August 9, 2019
  • “Never Give Up! Top Ten Lessons from Our Eight-Year Battle in the CDO Litigation About the Collapse of the U.S. Economy” – Colorado Trial Lawyers Association Conference, Steamboat Springs, August 4, 2016
  • “Legal Issues, Timely Decision Making, and Available Options for Survivors of Traumatic Brain Injury” – Brain Injury Alliance of Colorado 31st Annual Conference, Denver, October 16, 2014
  • “Legal Issues for Brain Injury Survivors” – Brain Injury Association of Colorado, Pueblo Regional Conference, April 25, 2013

Teaching Positions

  • Faculty, University of Wyoming Law School Summer Trial Institute
  • Guest Instructor in trial tactics for the American Bar Association-sponsored National Institute of Trial Advocacy (NITA) School
  • Trial practice lecturer, University of Wyoming College of Law
  • Trial practice lecturer, the University of Denver Sturm College of Law